Emergency Custody

What Is Emergency Custody

Understanding Emergency Orders

Emergency custody (also called “ex parte custody” or “emergency protective custody”) is a court order issued immediately often within hours or days giving one parent temporary custody when a child faces immediate, serious danger that cannot wait for a regular custody hearing.

Simple Definition:

Emergency custody = Immediate court intervention when child in imminent danger. Judge issues order same day/next day without other parent present. Designed for true crises requiring protection NOW.

This is radically different from regular temporary custody orders, which take weeks and include full hearings with both parents present.

Quick Overview

Emergency Custody Orders:

• Issued within hours/days (not weeks)
• No notice to other parent initially (ex parte)
• Judge decides same day based on written evidence
• Requires proof of immediate danger
• Very high standard to obtain
• Other parent gets hearing within 7-14 days
• For true emergencies only
• Temporary until emergency hearing

Does NOT Mean:

• Easy to get (very difficult standard)
• For general disputes (only serious danger)
• Strategic advantage (judges punish this)
• Without consequences if false
• Permanent (temporary pending hearing)
• No review (hearing scheduled immediately)

When Emergency Custody Is Appropriate

TRUE EMERGENCY SCENARIOS:

REQUIRES ALL THREE:

1. IMMEDIATE DANGER:
   Child faces serious harm RIGHT NOW
   Cannot wait even days for protection
   Urgent intervention needed

2. SERIOUS HARM:
   Physical injury
   Sexual abuse
   Severe neglect
   Kidnapping
   Exposure to violence/drugs
   Life-threatening situation

3. DOCUMENTED EVIDENCE:
   Not just allegations
   Proof available
   Police reports, medical records
   Witnesses, photos
   Concrete documentation

IF ALL THREE PRESENT:
Emergency custody appropriate

IF ANY MISSING:
Use regular custody process

“Ex Parte” Explained

WHAT "EX PARTE" MEANS:

Latin: "From one party"

PRACTICAL MEANING:
- Court hears only from you initially
- Other parent NOT present
- No notice to other parent beforehand
- Judge decides based on your evidence alone
- Emergency order issued if warranted

WHY ALLOWED:
- Giving notice defeats purpose
- Abuser could harm child before hearing
- Kidnapper could flee
- Emergency requires immediate action
- Can't wait for other side's response

TEMPORARY ONLY:
- Other parent notified AFTER order issued
- Emergency hearing scheduled (7-14 days)
- Both parents present at hearing
- Judge reviews with both sides
- Decides whether to continue or modify

NOT PERMANENT:
Ex parte is emergency measure only
Full hearing follows quickly
Both sides heard before final decision

Legal Basis

COURT'S AUTHORITY:

PARENS PATRIAE:
"Parent of the country"
State's duty to protect children
Overrides parental rights temporarily

EMERGENCY JURISDICTION:
All courts have power to:
- Protect children in immediate danger
- Issue emergency orders
- Act without full hearing if necessary
- Prioritize child safety

CONSTITUTIONAL LIMITS:
Must provide:
- Hearing shortly after emergency order
- Opportunity for other parent to respond
- Due process protections
- Review of emergency order

BALANCE:
Protecting children NOW
vs.
Parental rights to notice and hearing

Emergency orders strike this balance:
Immediate protection + quick hearing

What Qualifies As Emergency

Legitimate Emergency Situations

Emergency custody has a very high standard. Here’s what actually qualifies.

The Three-Part Test

MUST PROVE ALL THREE:

1. IMMEDIATE AND SERIOUS DANGER
   ✓ Child faces harm RIGHT NOW
   ✓ Cannot wait days/weeks
   ✓ Urgent intervention necessary
   ✓ Serious injury/trauma likely

2. CREDIBLE EVIDENCE
   ✓ Not just allegations
   ✓ Documented proof
   ✓ Concrete evidence
   ✓ Police reports, medical records, witnesses

3. NO OTHER ADEQUATE REMEDY
   ✓ Regular custody process too slow
   ✓ Law enforcement insufficient
   ✓ Child protective services not enough
   ✓ Only court order will protect child

ALL THREE REQUIRED
Not just one or two

Specific Qualifying Situations

Domestic Violence

QUALIFIES WHEN:

Recent Violent Incidents:
✓ Physical abuse occurred within days/weeks
✓ Violence escalating
✓ Injuries documented
✓ Child witnessed violence
✓ Threats of serious harm
✓ Weapons involved

EXAMPLES:

Emergency: "Last night, father beat mother in front
of children. Police called (Case #12345). Mother
hospitalized. Father threatened to hurt children
if she leaves. Children terrified."

Emergency: "Father held gun to mother's head
with children present yesterday. Police arrested
(Case #67890). Bail posted this morning. Father
texted 'You'll regret this.' Children in immediate
danger when visitation scheduled tomorrow."

EVIDENCE NEEDED:
✓ Police reports
✓ Photos of injuries
✓ Medical records
✓ Restraining order
✓ 911 recordings
✓ Witness statements
✓ Threatening communications

NOT ENOUGH ALONE:
✗ "He has anger issues"
✗ "We fought in the past"
✗ "He yells sometimes"
✗ Old incidents without recent escalation

Child Abuse (Physical or Sexual)

QUALIFIES WHEN:

Recent Abuse Discovered:
✓ Child disclosed abuse
✓ Injuries observed
✓ Sexual abuse suspected/confirmed
✓ Medical exam supports
✓ Police investigating
✓ CPS involved
✓ Immediate risk of continued abuse

EXAMPLES:

Emergency: "Child came home from visit with
black eye, bruises on back and arms. Photographed.
Taken to ER. Doctor documented (records attached).
Child said 'Daddy hit me with belt.' Police report
filed. Visit scheduled this weekend."

Emergency: "8-year-old daughter disclosed father
sexually abused her. Forensic interview conducted.
Medical exam consistent with abuse. Police opened
investigation. Father has unsupervised visitation
scheduled in 3 days."

EVIDENCE NEEDED:
✓ Medical records/exam results
✓ Photos of injuries
✓ Forensic interview
✓ Police report
✓ CPS report
✓ Child's disclosure (if age-appropriate)
✓ Doctor's statement

CRITICAL:
Don't delay - file immediately
Report to police/CPS first
Medical exam essential
Document everything

Kidnapping Risk

QUALIFIES WHEN:

Credible Flight Risk:
✓ Threats to take child and flee
✓ Passport obtained secretly
✓ One-way tickets purchased
✓ Liquidating assets
✓ Family abroad
✓ History of abduction threats
✓ International connections
✓ Plans to leave jurisdiction

EXAMPLES:

Emergency: "Found father's one-way ticket to
Pakistan departing in 3 days for him and child.
Father's family in Pakistan. Father told child
'We're going on special trip.' Child's passport
taken from my possession. Father has no reason
for international travel."

Emergency: "Father threatened 'You'll never see
child again' after custody filed. Withdrew $50,000
cash from accounts. Quit job. Mother in Mexico
contacted, said father asked if child could stay
there. Father has child this weekend."

EVIDENCE NEEDED:
✓ Airline tickets
✓ Passport applications
✓ Communications re: fleeing
✓ Financial transactions
✓ Contact with family abroad
✓ Threats to take child
✓ Previous abduction attempts
✓ No ties to community

HAGUE CONVENTION:
If international abduction risk
Extremely serious
Court acts immediately

Substance Abuse Endangering Child

QUALIFIES WHEN:

Active Use With Child Present:
✓ Parent using drugs/alcohol with child
✓ Driving impaired with child
✓ Overdose with child present
✓ Drug paraphernalia accessible to child
✓ Child witnessed use
✓ Parent incapacitated, child unsupervised
✓ Recent arrest for DUI with child

EXAMPLES:

Emergency: "Father arrested for DUI last night
with our 5-year-old in car. BAC .18. Child in
car seat. Police report attached. Father has
child scheduled for overnight visit Friday.
Pattern of alcohol abuse."

Emergency: "Mother overdosed on heroin yesterday
with children (ages 3, 5) in apartment. Neighbor
called 911. Mother hospitalized. Children witnessed
overdose. Needles found in apartment. CPS removed
children. Mother released today, demanding children
returned for scheduled custody time tomorrow."

EVIDENCE NEEDED:
✓ Police reports (DUI, arrest)
✓ Medical records (overdose, treatment)
✓ Drug test results (positive)
✓ Photos (paraphernalia, condition of home)
✓ 911 calls
✓ Witness statements
✓ CPS reports

NOT ENOUGH:
✗ "He drinks beer sometimes"
✗ "She smoked marijuana once"
✗ Past substance use if sober now
✗ Suspicions without proof

Severe Neglect

QUALIFIES WHEN:

Immediate Endangerment:
✓ No food, water, heat in home
✓ Child left alone (young age)
✓ Unsafe conditions (exposed wiring, drugs)
✓ Medical neglect (life-threatening)
✓ Child wandering streets
✓ Extreme filth endangering health

EXAMPLES:

Emergency: "Went to father's apartment for pickup.
No food in home. No heat (winter). Children wearing
dirty clothes, haven't bathed in days. 4-year-old
had severe diaper rash. Apartment had cockroaches,
feces on floor. Father appeared high. Children
scheduled to return there tonight."

Emergency: "Mother refused to take diabetic child
to hospital despite child in diabetic crisis.
Child's blood sugar critically high. Child losing
consciousness. Ambulance called. Child hospitalized.
Doctor says could have died. Mother still refusing
medical care, demanding child released to her."

EVIDENCE NEEDED:
✓ Photos of conditions
✓ Medical records
✓ Police/CPS reports
✓ Witness statements
✓ Doctor's statements
✓ Documentation of neglect

SEVERE:
Must be serious endangerment
Not just messy house
Life/health threatening

Mental Health Crisis

QUALIFIES WHEN:

Parent's Mental Health Endangers Child:
✓ Suicide attempt with child present
✓ Psychotic episode endangering child
✓ Severe mental illness, untreated
✓ Hospitalization for psychiatric emergency
✓ Harm to self/others
✓ Unable to care for child safely

EXAMPLES:

Emergency: "Mother attempted suicide in front of
children yesterday. Took pills, told 6-year-old
'Mommy won't wake up.' Child called 911. Mother
hospitalized on psych hold. Released this morning.
Has custody of children tonight with no treatment,
supervision, or safety plan."

Emergency: "Father experiencing psychotic break.
Believes child is 'possessed by demons.' Refusing
to feed child. Police called for welfare check.
Father hospitalized involuntarily. Released after
72 hours. Scheduled to have child this weekend
with no treatment or medication."

EVIDENCE NEEDED:
✓ Hospitalization records
✓ Police reports (welfare checks)
✓ 911 calls
✓ Doctor/therapist statements
✓ Witnessed behavior
✓ Danger to self/others documented

SERIOUS:
Must show danger to child
Not just mental illness diagnosis
Untreated + endangering = emergency

Abandonment

QUALIFIES WHEN:

Parent Disappeared/Incapacitated:
✓ Parent arrested, child left alone
✓ Parent hospitalized, no care arranged
✓ Parent disappeared, child unsupervised
✓ Child dropped with you, parent vanished
✓ Parent incapacitated (drugs, illness)
✓ No appropriate caregiver

EXAMPLES:

Emergency: "Father arrested for [crime] last night.
Child left alone in apartment (age 4). Police
brought child to me. Father in jail, no bail.
Father's mother (who father wanted to care for child)
has dementia, cannot safely care for child. Father
insists child go to his mother despite incapacity."

Emergency: "Mother left children (ages 2, 5, 7)
with neighbor 'for a few hours' 5 days ago.
Never returned. Not answering phone. Neighbor
cannot continue care. Children need stability.
No idea where mother is."

EVIDENCE NEEDED:
✓ Police reports
✓ Jail records
✓ Hospital records
✓ Witness statements
✓ Proof of abandonment
✓ Documentation of situation

What Does Not Qualify

Not Emergencies – Use Regular Process

Critical: Filing false emergency claims has serious consequences. Here’s what does NOT qualify.

General Custody Disputes

NOT EMERGENCIES:

✗ Disagreements About Parenting:
"He lets them stay up too late"
"She feeds them junk food"
"Different rules at each house"
"Doesn't make them do homework"

→ Use regular custody process

✗ Preference Disputes:
"I think I'd be better primary parent"
"Children should live with me"
"My house is nicer"
"I have better schedule"

→ File regular custody motion

✗ Parenting Style Differences:
"Too strict"
"Too permissive"
"Different discipline methods"
"Different values"

→ Not dangerous, just different
→ Not emergency

✗ Communication Problems:
"Won't respond to texts"
"Doesn't tell me about school"
"We can't talk without fighting"
"Ignores my calls"

→ Frustrating but not emergency
→ Use regular process

THESE ARE NORMAL CUSTODY ISSUES
Not emergencies requiring immediate orders
File regular custody case

Schedule Violations

NOT EMERGENCIES:

✗ Missed Visitation:
"He didn't show up for his weekend"
"She canceled again"
"Always late picking up"

→ File contempt motion
→ Not emergency custody

✗ Late Returns:
"Supposed to return Sunday 6pm, came back 8pm"
"Keeps child extra time"

→ Document and file enforcement
→ Not emergency

✗ Schedule Disputes:
"Won't agree to switch weekends"
"Wants to change schedule"
"Refusing makeup time"

→ File modification or contempt
→ Not emergency custody

REMEDY: Enforcement/contempt proceedings
Not emergency custody

Dislike of Parent’s Choices

NOT EMERGENCIES:

✗ New Partner:
"Has new boyfriend/girlfriend"
"Lets partner around children"
"Introduced children to date"
"Don't like new spouse"

→ Not emergency unless partner dangerous
→ Your dislike isn't emergency

✗ Lifestyle Choices:
"Different religion"
"Political views I disagree with"
"Vegetarian diet I don't like"
"Lets them watch TV I wouldn't"

→ Personal preferences
→ Not endangerment

✗ Reasonable Parenting Decisions:
"Cut child's hair without asking"
"Picked different summer camp"
"Changed child's schedule"
"Enrolled in different activities"

→ These are parenting decisions
→ Not emergencies

MUST SHOW ACTUAL DANGER
Not just choices you disagree with

Child’s Normal Reactions

NOT EMERGENCIES:

✗ Child Upset After Visitation:
"Cries when has to go to other parent"
"Says doesn't want to visit"
"Comes home in bad mood"

→ Normal adjustment to transitions
→ Not emergency

✗ Child's Preference:
"Child says wants to live with me"
"Doesn't like other parent's rules"
"Complains about other house"

→ Children's preferences matter
→ But not emergency basis
→ Address at regular hearing

✗ Emotional Reactions:
"Child seems sad"
"Acting out after visits"
"Withdrawn"

→ Could be normal divorce adjustment
→ Get therapy
→ Not emergency unless clear abuse

DISTINGUISH:
Normal childhood emotions/adjustment
vs.
Signs of actual abuse/danger

Therapy can help determine

Strategic Advantage Seeking

NEVER EMERGENCY:

✗ Getting Ahead:
"Want to establish custody before trial"
"Heard possessions is 9/10ths of law"
"If I get them first, I'll keep them"

→ Courts see through this
→ Will backfire
→ Possible sanctions

✗ Retaliation:
"She filed for custody, so I'll file emergency"
"He filed for divorce, I'll claim abuse"
"Wants to hurt me for leaving"

→ Transparent
→ Damages credibility
→ Harms your case

✗ Financial Motivation:
"If I have custody, won't pay support"
"Want child support from other parent"
"Can't afford my own place, need to keep house"

→ Never valid reason
→ Courts see through it

JUDGES HATE THIS:
False emergencies clog system
Waste resources
Harm children
Violate other parent's rights
Punish severely

Old Incidents

NOT CURRENT EMERGENCY:

✗ Past Events (Not Recent):
"He hit me 2 years ago"
"Child abuse happened 5 years ago"
"DUI last year"

→ Why emergency NOW?
→ If not danger now, not emergency
→ Address at regular hearing

✗ Resolved Issues:
"Had substance abuse, completed treatment"
"Mental health crisis, now in therapy"
"Anger problems, finished anger management"

→ Issue addressed
→ Not current emergency
→ May be custody factor but not emergency

EMERGENCY REQUIRES:
RECENT events creating
CURRENT danger requiring
IMMEDIATE action

Old/resolved issues:
Important for custody generally
Not emergency basis

Types Of Emergencies

Detailed Emergency Categories

Domestic Violence Emergencies

Most Common Emergency Basis

QUALIFIES:

Pattern of Escalating Violence:
✓ Recent physical abuse
✓ Increasing severity
✓ Weapons introduced
✓ Threats to kill
✓ Stalking behavior
✓ Violating restraining orders

Child Exposure:
✓ Child witnessed violence
✓ Child intervened, got hurt
✓ Violence directed at child
✓ Child traumatized
✓ Ongoing danger to child

DOCUMENTATION:

Police Reports:
- Every incident documented
- 911 calls
- Arrest records
- Charges filed

Medical Records:
- ER visits
- Photos of injuries
- Doctor's notes
- Treatment records

Protection Orders:
- Restraining orders
- Violations documented
- Court orders

Evidence:
- Text messages (threats)
- Emails (threatening)
- Voicemails
- Witness statements
- Neighbors who called police

TYPICAL EMERGENCY ORDER:

"Father shall have no contact with mother or children.
All parenting time suspended pending emergency hearing.
Mother granted sole physical custody temporarily.
Father shall remain 100 yards from family home and
children's school. Emergency hearing set for [date]."

CRITICALLY:
Recent + escalating + documented
Not old incidents
Current danger to child

Child Abuse Emergencies

Highest Priority

PHYSICAL ABUSE:

Indicators:
✓ Unexplained injuries
✓ Pattern of injuries
✓ Injuries inconsistent with explanation
✓ Child fearful of parent
✓ Severe bruising, burns, fractures
✓ Child discloses abuse

Required Steps:
1. Take child to doctor immediately
2. Medical examination and documentation
3. Photos of all injuries
4. Call police
5. Report to CPS
6. File emergency custody motion

Medical Evidence Critical:
- Doctor's assessment
- Whether injuries accidental/inflicted
- Pattern recognition
- Mandatory reporting
- Documentation essential

SEXUAL ABUSE:

Indicators:
✓ Child disclosure
✓ Sexualized behavior inappropriate for age
✓ Knowledge of sexual acts
✓ Genital trauma
✓ STI in child
✓ Fearful of parent
✓ Behavioral changes

Required Steps:
1. Do NOT question child extensively
2. Forensic interview by trained professional
3. Medical examination
4. Call police immediately
5. Report to CPS
6. Document disclosure carefully
7. File emergency motion

CRITICAL PROCEDURES:

DON'T:
✗ Repeatedly question child
✗ Lead child
✗ Put words in child's mouth
✗ Contaminate disclosure
✗ Delay reporting

DO:
✓ Report immediately
✓ Forensic interview
✓ Medical exam
✓ Police report
✓ Follow professional guidance
✓ Protect child
✓ Document everything

FALSE ABUSE CLAIMS:
Consequences severe
Investigated thoroughly
Damage if unfounded
Only allege with solid evidence

Kidnapping/Abduction Emergencies

International: Extreme Priority

DOMESTIC ABDUCTION:

Warning Signs:
✓ Threats to take child
✓ Doesn't return child on time
✓ Disappeared with child
✓ Unknown location
✓ Not responding to communication
✓ Violated orders before

Evidence:
- Communications re: fleeing
- History of threats
- Past violations
- Current location unknown
- Contact attempts documented

Emergency Order Provisions:
- Law enforcement pickup order
- Amber alert (if criteria met)
- Border alerts
- Passport flagging
- Immediate return ordered

INTERNATIONAL ABDUCTION RISK:

Red Flags:
✓ Family in foreign country
✓ Passport obtained/renewed
✓ One-way tickets
✓ Liquidating assets
✓ Quit job suddenly
✓ No ties to community
✓ Threatened to take child abroad
✓ Country not Hague Convention member

URGENT ACTION:

Immediate Steps:
1. File emergency custody motion
2. Request:
   - Surrender of passports
   - No removal from state
   - Law enforcement assistance
   - Border alerts
3. Contact State Department
4. Hague Convention lawyer if international

Prevention Orders:
- Both parents surrender passports
- Child's passport held by court
- Can't remove from jurisdiction
- Bond required to prevent flight
- GPS monitoring (extreme cases)

TIME CRITICAL:
Hours matter
Once child crosses border, much harder
Act immediately on any indication

Substance Abuse Emergencies

QUALIFIES:

Active Endangerment:
✓ Using drugs/alcohol with child present
✓ Driving impaired with child
✓ Overdose with child there
✓ Drugs accessible to child
✓ Child left alone due to use
✓ Incapacitated while caring for child

Recent Incidents:
- DUI with child in car (last week)
- Overdose (days ago)
- Found using with child present
- Positive drug test (current)
- Hospitalization for substance issue

Evidence:
✓ Police reports (DUI, arrest)
✓ Drug test results
✓ Medical records (overdose, treatment)
✓ Photos of paraphernalia
✓ Witness statements
✓ 911 calls
✓ Child's statements (age-appropriate)

EMERGENCY ORDER:

"Father's parenting time suspended immediately
pending drug and alcohol evaluation.
All contact supervised at [center].
Father shall submit to random drug testing
at [facility] within 24 hours and weekly thereafter.
No contact with child while under influence.
Emergency hearing [date]."

NOT EMERGENCY:
- Past substance use if clean now
- Completed treatment program
- No recent incidents
- Using marijuana legally in free time
  (without child, not impairing parenting)

MUST SHOW CURRENT ENDANGERMENT

Medical Neglect Emergencies

QUALIFIES:

Life-Threatening Neglect:
✓ Refusing necessary medical treatment
✓ Not giving required medications
✓ Ignoring serious symptoms
✓ Preventing medical care
✓ Medical crisis due to neglect

Examples:

Emergency: Diabetic child, parent not giving insulin
Emergency: Asthma child, parent won't give inhaler
Emergency: Cancer child, parent refusing chemo
Emergency: Broken bone, parent won't get medical care

Evidence:
✓ Doctor's statement of necessity
✓ Medical records showing neglect
✓ Prescriptions not filled
✓ Missed critical appointments
✓ Child's deteriorating condition
✓ Professional recommendations ignored

EMERGENCY ORDER:

"Mother shall have sole authority to make all
medical decisions for child effective immediately.
Father shall cooperate with all medical treatment.
Father shall ensure child receives all prescribed
medications during his parenting time.
Failure to comply will result in suspension of
parenting time."

SERIOUS MEDICAL DECISIONS:
Courts usually don't intervene in parent's
medical choices unless clear endangerment
Must be life/health threatening
Professional medical opinion critical

Ex Parte Process

How Emergency Custody Works

Ex Parte Explained

"EX PARTE" = WITHOUT OTHER PARTY

NORMAL COURT PROCESS:
1. File motion
2. Serve other parent (10-30 days notice)
3. Other parent responds
4. Both present evidence
5. Hearing
6. Judge decides

EX PARTE EMERGENCY PROCESS:
1. File emergency motion
2. Judge reviews SAME DAY (other parent not notified)
3. Judge decides immediately
4. Emergency order issued (if warranted)
5. Other parent served with order AFTER
6. Emergency hearing scheduled (7-14 days)
7. Both parents present
8. Judge reviews again

WHY DIFFERENT:
- True emergency can't wait
- Giving notice defeats purpose
- Abuser could harm child
- Flight risk could flee
- Immediate protection needed
- Due process follows quickly

Timeline

EMERGENCY CUSTODY TIMELINE:

DAY 1 (Morning):
- Prepare emergency motion
- Gather all evidence
- Draft proposed order
- File at courthouse
- Request immediate review

DAY 1 (Afternoon):
- Judge reviews paperwork
- May call you for questions
- Decides whether emergency exists
- Issues order or denies

DAY 1-2:
- Emergency order served on other parent
- Law enforcement may assist
- Child placed per order
- Other parent notified of hearing date

DAY 7-14:
- Emergency hearing held
- Both parents present
- Both present evidence
- Judge decides:
  * Continue emergency order
  * Modify order
  * Dissolve order (return to previous)
  * Convert to temporary order

TOTAL: 1-14 days from crisis to resolution

FAST PROCESS:
Designed for true emergencies
Quick protection
Quick review
Both sides heard soon

What Judge Reviews

JUDGE CONSIDERS:

DECLARATIONS UNDER OATH:
- Your sworn statement
- What happened
- When it happened
- Why child in danger
- What you're requesting

EVIDENCE ATTACHED:
- Police reports
- Medical records
- Photos
- Witness statements
- Communications
- CPS reports
- Court orders
- Other documentation

LEGAL REQUIREMENTS:
- Immediate and serious danger
- Credible evidence
- No adequate alternative
- Child's best interests
- Specificity of allegations

JUDGE ASKS:
- Is child in danger NOW?
- Is danger serious?
- Is evidence credible?
- Can this wait for regular hearing?
- Is emergency order necessary?
- What order will protect child?

IF YES TO ALL:
Emergency order issued

IF NO TO ANY:
Request denied
Use regular process

Burden of Proof

YOUR BURDEN:

VERY HIGH STANDARD:

Must prove:
✓ Immediate danger exists
✓ Danger is serious (not minor)
✓ Evidence is credible
✓ Emergency order necessary
✓ No other adequate remedy
✓ Child's safety requires immediate action

PROOF REQUIRED:
Not just allegations
Not suspicions
Not possibilities
DOCUMENTED EVIDENCE

Examples of Proof:
✓ Police report from yesterday
✓ Medical records from ER visit last night
✓ Photos of injuries taken today
✓ Text message threats from this week
✓ Witness who saw incident
✓ Child's disclosure documented

Examples NOT Proof:
✗ "I think he's using drugs"
✗ "She seemed drunk once"
✗ "I'm worried about safety"
✗ "Child seems scared sometimes"

STANDARD:
Higher than regular custody
Must overcome presumption of parental rights
Immediate action extraordinary
Strong evidence required

Evidence Requirements

What You Must Provide

Required Documentation

MINIMUM EVIDENCE PACKAGE:

1. EMERGENCY MOTION:
   Formal legal document requesting:
   - Emergency custody
   - Specific orders
   - Immediate relief

2. DECLARATION UNDER OATH:
   Your detailed sworn statement:
   - What happened (specific facts)
   - When (dates, times)
   - Where (locations)
   - Who was present (witnesses)
   - What child said/did
   - Why emergency order necessary
   - What danger exists NOW
   - What you're requesting

3. SUPPORTING EVIDENCE:
   Attachments proving allegations:
   - Police reports
   - Medical records
   - Photos
   - Text messages/emails
   - Witness statements
   - CPS reports
   - Prior court orders
   - Other relevant documents

4. PROPOSED ORDER:
   Draft order for judge to sign
   Specifies exactly:
   - Custody arrangement
   - Visitation restrictions
   - Other protections
   - Hearing date

ALL REQUIRED:
Missing any component = denied
Complete package essential

Declaration Contents

YOUR SWORN STATEMENT MUST INCLUDE:

SPECIFIC FACTS:

BAD (Too Vague):
"Father is abusive and dangerous."

GOOD (Specific):
"On January 12, 2025, at approximately 8:30 PM,
I observed father strike our son across the face
with his open hand, leaving a visible red mark
on child's left cheek. This occurred in our home
at 123 Main Street in front of our daughter (age 6).
I immediately called police (Report #12345).
Photos of injury attached. Child told police
'Daddy hit me because I spilled juice.' Father
has unsupervised visitation scheduled for this
weekend."

REQUIRED DETAIL:
✓ Exact dates and times
✓ Specific locations
✓ Exact quotes (if possible)
✓ Who was present
✓ What you observed directly
✓ What child said
✓ What evidence exists
✓ Why emergency order needed NOW
✓ What you're requesting

FORMAT EXAMPLE:

"DECLARATION OF [YOUR NAME]

I, [Name], declare under penalty of perjury:

1. I am the mother of [Child Name], age [X].

2. On [Date], at approximately [Time], the
following occurred: [Specific detailed facts]

3. As a result, I immediately [actions taken].

4. I have attached the following evidence:
   - Exhibit A: Police Report #[number]
   - Exhibit B: Medical Records from [hospital]
   - Exhibit C: Photos of injuries
   - Exhibit D: Text messages

5. I believe child is in immediate danger because
[specific reasons].

6. I request the Court issue an emergency order:
   [Specific requests]

I declare under penalty of perjury under the laws
of [State] that the foregoing is true and correct.

Executed on [Date] at [City, State].

________________________
[Signature]"

Evidence by Emergency Type

DOMESTIC VIOLENCE:
✓ Police reports (all incidents)
✓ Photos of injuries (dated)
✓ Medical records (ER, doctor visits)
✓ Restraining orders
✓ 911 call recordings
✓ Text/email threats
✓ Witness statements (neighbors, family)
✓ Child's statements (documented)
✓ Pattern documentation (calendar of incidents)

CHILD ABUSE:
✓ Medical examination results
✓ Doctor's assessment (accidental vs. inflicted)
✓ Photos of ALL injuries
✓ Police report
✓ CPS report
✓ Forensic interview (if sexual abuse)
✓ Child's disclosure (properly documented)
✓ Witness observations
✓ School reports (if noticed at school)

KIDNAPPING RISK:
✓ Airline tickets/boarding passes
✓ Passport applications
✓ Communications re: fleeing
✓ Evidence of liquidating assets
✓ Bank records (withdrawals)
✓ Contact with family abroad
✓ Threats to take child
✓ Previous attempts
✓ Foreign connections documented

SUBSTANCE ABUSE:
✓ Police reports (DUI, arrest)
✓ Drug test results (positive)
✓ Medical records (overdose, treatment)
✓ Photos of paraphernalia
✓ Photos of parent impaired
✓ 911 recordings
✓ Witness statements
✓ Child's observations
✓ Video evidence (if available)

NEGLECT:
✓ Photos of conditions (home, child)
✓ Medical records (malnutrition, illness)
✓ CPS reports
✓ Witness statements (relatives, neighbors)
✓ School reports
✓ Doctor's statement (medical neglect)
✓ Police welfare check reports
✓ Video of conditions

MORE EVIDENCE = BETTER

What NOT to Include

AVOID:

✗ HEARSAY:
"My friend said she heard he uses drugs"
Instead: Direct evidence or professional reports

✗ SPECULATION:
"I think he might be abusing child"
Instead: Actual evidence of abuse

✗ ASSUMPTIONS:
"He probably drives drunk with child"
Instead: Police report of actual DUI

✗ EXAGGERATION:
"He's always violent"
Instead: Specific documented incidents

✗ IRRELEVANT INFORMATION:
"He cheated on me"
Instead: Focus on child danger only

✗ EMOTIONAL LANGUAGE:
"He's a monster, a psychopath, evil"
Instead: Factual description of behavior

✗ LEGAL CONCLUSIONS:
"He's guilty of child abuse"
Instead: Facts, let court draw conclusions

STICK TO:
- What you observed directly
- What professionals documented
- What evidence proves
- Facts, not conclusions
- Specific, not general

Filing Emergency Motion

Step-by-Step Process

Preparation (Do BEFORE Filing)

CRITICAL PRE-FILING STEPS:

1. ENSURE TRUE EMERGENCY:
   Review qualifying situations
   Honest self-assessment
   Ask: Would judge agree this is emergency?
   If any doubt, consult attorney

2. GATHER ALL EVIDENCE:
   Collect every document
   Organize chronologically
   Make copies
   Create evidence list

3. REPORT TO AUTHORITIES:
   Police (if crime)
   CPS (if abuse/neglect)
   Get report numbers
   Obtain copies

4. DOCUMENT CHILD'S SAFETY:
   Where is child now?
   Is child safe currently?
   What protection in place?
   What arrangements made?

5. CONSULT ATTORNEY:
   Emergency motions complex
   High stakes
   Professional help critical
   Many offer emergency consultations

DO NOT RUSH TO FILE:
Better to prepare thoroughly
Than file incomplete motion
One chance to make first impression

Required Documents

COMPLETE FILING PACKAGE:

1. EX PARTE APPLICATION/MOTION:
   Title: "Ex Parte Application for Emergency
   Custody Orders" or similar

   Contains:
   - Caption (case information)
   - Parties' information
   - Legal basis for emergency order
   - Specific relief requested
   - Declaration under oath
   - Attorney signature (if applicable)

2. PROPOSED ORDER:
   Draft of exact order you want judge to sign:
   - Custody provisions
   - Visitation restrictions
   - Other protections
   - Hearing date (blank for judge to fill)
   - Judge signature line

3. DECLARATIONS:
   Your sworn statement (detailed above)
   Other witness declarations if any

4. EXHIBITS:
   All supporting evidence:
   - Labeled A, B, C, etc.
   - Referenced in declaration
   - Attached in order

5. PROOF OF SERVICE FORM:
   (Completed after service)

6. OTHER:
   - Summons (some states)
   - Civil case cover sheet
   - Local forms
   - Fee waiver (if applicable)

CHECK LOCAL RULES:
May require additional forms
Court websites have forms
Ask clerk for checklist

Filing Process

STEP-BY-STEP AT COURTHOUSE:

MORNING (BEST):
Courts often hear emergency matters in morning

1. ARRIVE AT COURTHOUSE:
   - Go to family law clerk's office
   - Bring all documents (originals + copies)
   - Bring ID
   - Filing fee or fee waiver

2. FILE DOCUMENTS:
   Clerk: "I need to file an emergency custody motion"
   - Submit original + 2 copies
   - Pay filing fee (~$200-400) or submit fee waiver
   - Clerk stamps all copies
   - Get copies back with stamp

3. REQUEST IMMEDIATE REVIEW:
   "This is an emergency ex parte matter.
   When can the judge review it?"
   
   Clerk may:
   - Give to judge immediately
   - Schedule time later that day
   - Tell you when to return
   - Give you courtroom number

4. WAIT FOR JUDGE:
   May be hours
   Stay near courthouse
   Phone on and available
   Be patient

5. JUDGE REVIEWS:
   May review in chambers (without you)
   May call you in for questions
   May have clerk contact you

6. DECISION:

   IF GRANTED:
   - Signed order given to you
   - Get certified copies
   - Instructions on service
   - Hearing date scheduled

   IF DENIED:
   - Told emergency not sufficient
   - File regular custody motion instead
   - May get recommendations

7. SERVICE:
   Must serve other parent immediately
   - Personal service
   - Law enforcement may assist
   - Proof of service filed

After Filing

IF EMERGENCY ORDER GRANTED:

IMMEDIATELY:

1. GET CERTIFIED COPIES:
   Multiple certified copies of order
   Keep originals safe

2. SERVE OTHER PARENT:
   As soon as possible
   Personal service
   Sheriff/process server
   Proof of service filed

3. PROVIDE TO RELEVANT PARTIES:
   - Police (if enforcement needed)
   - School
   - Childcare
   - Anyone caring for child

4. IMPLEMENT ORDER:
   Follow order exactly
   Document compliance
   No deviations

5. PREPARE FOR HEARING:
   Emergency hearing in 7-14 days
   Gather more evidence
   Prepare testimony
   Attorney essential

IF DENIED:

1. UNDERSTAND WHY:
   Ask clerk or judge for reasoning
   Learn what was insufficient

2. FILE REGULAR MOTION:
   Use normal custody process
   Full hearing with notice
   More time to prepare

3. SAFETY MEASURES:
   If child truly in danger:
   - Call police
   - Contact CPS
   - Seek shelter
   - Protective order

4. ATTORNEY CONSULTATION:
   Discuss what went wrong
   Strategy moving forward
   Other options

Emergency Hearing

What Happens Next

After emergency order issued, hearing scheduled within 7-14 days where both parents present.

Purpose of Hearing

WHY HEARING REQUIRED:

DUE PROCESS:
Other parent entitled to:
- Notice of allegations
- Opportunity to respond
- Present evidence
- Testify
- Challenge claims

FULL REVIEW:
Judge reconsiders with:
- Both sides' evidence
- Both parents' testimony
- Complete picture
- Response to allegations

DECISION:
Judge decides:
- Continue emergency order?
- Modify emergency order?
- Dissolve order (return to previous)?
- Convert to temporary order?
- What happens next?

NOT FINAL:
Hearing determines temporary arrangement
Final custody decided later at trial
But emergency hearing sets tone

Hearing Process

TYPICAL EMERGENCY HEARING:

BEFORE HEARING:

Your Preparation:
✓ Additional evidence gathered
✓ Witnesses arranged
✓ Attorney prepared
✓ Know your testimony
✓ Organized documents
✓ Calm and professional

Other Parent Prepares:
- Receives notice and order
- Hires attorney
- Gathers response evidence
- Prepares defense
- May file response declaration

AT HEARING:

1. CALL TO ORDER:
   Judge calls case
   Both parties/attorneys present
   Judge reviews file

2. YOUR PRESENTATION:
   Your attorney argues (or you if pro se):
   - Why emergency order necessary
   - Evidence presented
   - You may testify
   - Witnesses if any
   - Documents entered

   Time: 30-60 minutes your side

3. OTHER PARENT'S RESPONSE:
   Their attorney argues:
   - Challenges allegations
   - Presents defense
   - Their testimony
   - Their evidence
   - Contradicts your claims

   Time: 30-60 minutes their side

4. REBUTTAL:
   You respond to their claims
   Additional evidence if needed
   Challenge their evidence

5. JUDGE QUESTIONS:
   Judge asks questions
   Clarifications
   Specific concerns
   Additional information

6. CLOSING ARGUMENTS:
   Both sides summarize
   Why their position correct

7. DECISION:
   Judge may:
   - Decide from bench (immediate)
   - Take under submission (decide later)
   - Request more information
   - Continue hearing

TOTAL TIME: 1-3 hours typical

Possible Outcomes

JUDGE'S OPTIONS:

1. CONTINUE EMERGENCY ORDER:
   "Emergency order remains in full effect.
   Matter set for temporary orders hearing [date]."

   Means: You won
   Emergency order stays
   Continues until next hearing
   Status quo established

2. MODIFY EMERGENCY ORDER:
   "Emergency order modified as follows:
   [Supervised visitation instead of no contact]
   [Short visits instead of suspension]"

   Means: Partial success
   Some restrictions remain
   Less severe than original
   Compromise position

3. DISSOLVE EMERGENCY ORDER:
   "Emergency order dissolved. Previous custody
   arrangement reinstated effective immediately."

   Means: You lost
   No emergency found
   Back to previous arrangement
   May have damaged credibility

4. CONVERT TO TEMPORARY ORDER:
   "Emergency order converted to temporary order
   pending final hearing."

   Means: Becomes regular temporary custody
   May last months/years
   Standard temporary order now

5. CONTINUE HEARING:
   "Hearing continued to [date] for:
   [Custody evaluation]
   [Additional evidence]
   [Witness testimony]"

   Means: No decision yet
   More information needed
   Temporary arrangement continues
   Additional hearing scheduled

MOST COMMON:
Option 1 or 2
Emergency orders usually maintained
at least partially
If solid evidence presented

Testimony Tips

IF YOU TESTIFY:

DO:
✓ Tell the truth
✓ Answer questions directly
✓ "I don't know" if you don't
✓ Stay calm
✓ Speak clearly
✓ Be respectful
✓ Stick to facts
✓ Look at judge when answering
✓ Take your time
✓ Think before answering

DON'T:
✗ Lie or exaggerate
✗ Argue with attorney
✗ Show anger
✗ Interrupt
✗ Volunteer information not asked
✗ Get defensive
✗ Attack other parent personally
✗ Bring up irrelevant issues
✗ Speculate
✗ Guess at answers

REMEMBER:
- Judge watching demeanor
- Credibility critical
- Stay professional
- Child's safety focus
- Not personal attack

ATTORNEY PREPARATION:
Practice testimony beforehand
Know likely questions
Prepare for cross-examination

Protective Orders

Additional Protection Mechanisms

Emergency custody often combined with protective/restraining orders.

Types of Protective Orders

DOMESTIC VIOLENCE RESTRAINING ORDER (DVRO):

Purpose:
Protect you and children from abuser

Provisions May Include:
✓ No contact with you
✓ No contact with children
✓ Stay away from home
✓ Stay away from work/school
✓ Surrender firearms
✓ Move out of residence
✓ No harassment
✓ Criminal penalties for violation

Process:
1. File DVRO petition (separate from custody)
2. Temporary order issued immediately
3. Hearing within 14-21 days
4. Permanent order if granted (1-5 years)

Can Include:
- Custody provisions
- Visitation restrictions
- Support orders

Enforced by Police:
Violation = arrest
Criminal charges
Jail time possible

SEPARATE FROM CUSTODY:
But often filed together
Reinforces custody restrictions
Additional layer of protection

Custody-Specific Restrictions

IN EMERGENCY CUSTODY ORDER:

NO CONTACT:
"Respondent shall have no contact with minor
child pending further order of the court."

SUPERVISED VISITATION ONLY:
"Respondent's contact with child limited to
supervised visitation at [facility], supervised
by professional monitor, 2 hours per week,
at respondent's expense."

STAY-AWAY ORDERS:
"Respondent shall stay 100 yards away from:
- Child's school
- Child's daycare
- Child's residence
- Child's activities"

CONDITIONS:
"Respondent's visitation conditioned on:
- Negative drug test
- Completion of anger management
- Alcohol/drug evaluation
- Therapy compliance
- Other requirements"

SURRENDER REQUIREMENTS:
"Respondent shall surrender all firearms
to law enforcement within 24 hours."

NO REMOVAL:
"Neither parent shall remove child from
[County/State] without court order."

COMMUNICATION RESTRICTIONS:
"All communication between parents shall
be via [app/email] only. No phone contact."

Enforcement

IF OTHER PARENT VIOLATES:

DOCUMENT VIOLATION:
- Date, time, what happened
- Screenshots, recordings
- Witnesses
- Evidence of contact/violation

REPORT TO POLICE:
Emergency order = court order
Violation = contempt
Police can arrest
Protective order violation = criminal

FILE CONTEMPT MOTION:
- Motion for order to show cause
- Why violated
- Penalty requested
- Enforcement needed

PENALTIES:
- Fines
- Jail time
- Attorney's fees
- Loss of custody/visitation
- Modification of orders
- Criminal charges

TAKE SERIOUSLY:
Violations harm your case
Document everything
Report immediately
Follow through with enforcement

After Emergency Order Issued

Next Steps

Immediate Actions

DAY 1 (Order Issued):

1. GET CERTIFIED COPIES:
   Multiple certified copies
   Keep originals safe
   Copies for service, school, etc.

2. SERVE OTHER PARENT:
   Immediately
   Personal service
   Sheriff/process server
   Document service
   File proof of service

3. SECURE CHILD:
   Per order specifications
   Safe location
   Appropriate care
   Compliance with order

4. NOTIFY RELEVANT PARTIES:
   - School (provide copy of order)
   - Daycare
   - Doctor
   - Anyone caring for child
   - Police (if needed for enforcement)

5. DOCUMENT EVERYTHING:
   Start journal
   Compliance log
   Any contact attempts
   Child's adjustment

Preparing for Emergency Hearing

DAYS 1-14:

BUILD YOUR CASE:

1. GATHER ADDITIONAL EVIDENCE:
   - Continue documenting
   - Obtain any missing records
   - Contact witnesses
   - Photos, recordings
   - Professional reports

2. WITNESS PREPARATION:
   If bringing witnesses:
   - Discuss testimony
   - Subpoena if needed
   - Confirm attendance
   - Brief them on process

3. ORGANIZE EVIDENCE:
   - Chronological order
   - Clearly labeled
   - Referenced in testimony
   - Copies for all parties
   - Easy to present

4. ATTORNEY COORDINATION:
   - Strategy discussion
   - Evidence review
   - Testimony preparation
   - Anticipated challenges
   - Response planning

5. ANTICIPATE DEFENSE:
   What will other parent claim?
   How to respond?
   Evidence to counter?
   Prepare rebuttal

Compliance

CRITICAL: FOLLOW ORDER EXACTLY

DO:
✓ Every provision precisely
✓ All restrictions
✓ All requirements
✓ Document compliance
✓ Keep records

DON'T:
✗ Deviate in any way
✗ Loosen restrictions informally
✗ Allow contact if prohibited
✗ Fail to follow any part

EVEN IF:
- Other parent asks
- Feel bad for them
- Child wants contact
- Seems unnecessary

ORDER IS ORDER:
Must be followed
Until modified by court
Violations harm your case
Can result in loss of custody

DOCUMENT COMPLIANCE:
- Log of all interactions
- Following schedule
- Meeting conditions
- Providing required info
- Photos, records showing compliance

Child’s Well-Being

DURING EMERGENCY ORDER PERIOD:

SUPPORT CHILD:
✓ Age-appropriate explanations
✓ Reassurance of safety
✓ Professional support (therapy)
✓ Maintain routines
✓ Stability and consistency

WHAT TO TELL CHILD:
Age 3-6:
"You're safe with me right now. The court (judge)
is making sure everyone is safe."

Age 7-12:
"The court is figuring out what's best for you.
You're safe here. We're working to make sure
everyone's okay."

Teens:
More honest discussion
Their input may be sought
Therapy essential
Support through process

DON'T:
✗ Badmouth other parent
✗ Give adult details
✗ Make child choose sides
✗ Use child as messenger
✗ Burden child with adult issues

DO:
✓ Therapy for child
✓ Maintain normalcy
✓ School consistency
✓ Activities continue
✓ Support system

False Emergency Claims

Serious Consequences

What Constitutes False Claims

FALSE/EXAGGERATED ALLEGATIONS:

FABRICATED:
- Made up incidents
- No evidence
- Provably false
- Intentional lies

EXAGGERATED:
- Minor incident portrayed as major
- Normal parenting called abuse
- Speculation presented as fact
- Worst-case interpretations

COACHED:
- Child coached to lie
- False allegations planted
- Child manipulated
- Unfounded abuse claims

STRATEGIC:
- Filed to gain advantage
- No real danger
- Timed for tactical benefit
- Misusing emergency process

Consequences

PENALTIES FOR FALSE CLAIMS:

COURT SANCTIONS:
✓ Monetary sanctions (pay court costs)
✓ Attorney's fees to other parent
✓ Contempt of court
✓ Fine imposed

CUSTODY CONSEQUENCES:
✓ Loss of custody
✓ Reduced parenting time
✓ Supervised visitation only
✓ Other parent awarded primary custody

CREDIBILITY DAMAGE:
✓ Judge won't believe future claims
✓ Damaged for entire case
✓ Presumption against you
✓ Very difficult to recover

CRIMINAL CHARGES:
✓ Filing false police report
✓ Perjury
✓ Child abuse (coaching child)
✓ Obstruction of justice
✓ Possible jail time

PROFESSIONAL INVOLVEMENT:
✓ CPS investigation of you
✓ Court-ordered evaluation
✓ Mandatory therapy
✓ Supervised contact with child

CIVIL LIABILITY:
✓ Other parent can sue
✓ Defamation
✓ Intentional infliction of emotional distress
✓ Damages awarded

Examples

CASE 1: Fabricated Abuse

Mother filed emergency motion claiming father
sexually abused child. Investigation revealed:
- Medical exam negative
- Forensic interview inconsistent
- Timeline impossible (father out of state)
- Mother coached child (recorded)
- No evidence whatsoever

RESULT:
- Emergency motion denied
- Custody switched to father
- Mother's time suspended pending evaluation
- Mother sanctioned $15,000
- Criminal investigation opened
- Mother eventually lost custody permanently

CASE 2: Exaggerated Violence

Father filed emergency claiming mother's boyfriend
violent toward child. Investigation showed:
- Boyfriend disciplined child (reasonable)
- No injuries
- No police reports
- Father angry about mother dating
- Used emergency process strategically

RESULT:
- Emergency order dissolved
- Father sanctioned
- Father's credibility destroyed
- Mother awarded primary custody at trial
- Father got less time than if hadn't filed

JUDGES HATE FALSE CLAIMS:
Waste resources
Harm children
Violate other parent's rights
Clog system for real emergencies
Punish severely

How to Avoid

BEFORE FILING, ASK:

1. IS IT TRUE?
   - Did it really happen?
   - Can I prove it?
   - Am I exaggerating?
   - Being completely honest?

2. IS IT EMERGENCY?
   - Immediate danger?
   - Can't wait for regular hearing?
   - Serious harm likely?
   - Alternative remedies inadequate?

3. IS IT DOCUMENTED?
   - Solid evidence?
   - Professional reports?
   - Police involvement?
   - Medical records?

4. WHAT'S MY MOTIVE?
   - Protecting child? OR
   - Hurting ex?
   - Getting advantage?
   - Retaliation?

IF HONEST ANSWERS:
All yes to 1-3, protective motive in 4
= File emergency motion

ANY dishonesty, weak evidence, wrong motive
= DON'T FILE
= Use regular process

Safety Planning

Protecting Yourself and Children

If You Fear Violence

SAFETY PLAN ESSENTIALS:

BEFORE LEAVING:
✓ Copy all important documents
✓ Extra set of keys
✓ Emergency cash saved
✓ Safe place identified
✓ Trusted contacts informed
✓ Bag packed (hidden)
✓ Plan for pets

WHEN LEAVING:
✓ Leave when abuser not home
✓ Don't reveal destination
✓ Block abuser from phone/social media
✓ Change passwords
✓ Vary routines
✓ Tell trusted people
✓ Police on speed dial

DOCUMENTS TO TAKE:
✓ Birth certificates
✓ Social security cards
✓ Passports
✓ Medical records
✓ School records
✓ Insurance cards
✓ Bank information
✓ Medications
✓ Important papers

EMERGENCY BAG:
✓ Clothes for you and children
✓ Medications
✓ Toiletries
✓ Copies of documents
✓ Cash
✓ Phone charger
✓ Children's comfort items
✓ Important contacts list

Shelter and Support

IMMEDIATE SAFE HOUSING:

DOMESTIC VIOLENCE SHELTERS:
- Confidential location
- Free housing
- Support services
- Legal advocacy
- Children's services
- Usually can stay weeks/months

To Find:
National DV Hotline: 1-800-799-7233
Will connect to local shelter

SAFETY:
- Location secret
- Security measures
- No contact with abuser
- Protection orders

FAMILY/FRIENDS:
If not abuser's family/friends
Confidential location
Abuser doesn't know
Temporary refuge

HOTELS:
If emergency
Don't use credit card (traceable)
Cash only
Different area

Digital Safety

TECHNOLOGY PRECAUTIONS:

PHONES:
✓ Change passcodes
✓ Disable location sharing
✓ Check for tracking apps
✓ New phone if needed
✓ Don't answer abuser's calls
✓ Screenshot threats (evidence)

COMPUTERS:
✓ Clear browsing history
✓ Private/incognito mode
✓ Change passwords
✓ Check for monitoring software
✓ Use library/friend's computer for private research

SOCIAL MEDIA:
✓ Private all accounts
✓ Remove location info
✓ Block abuser
✓ Don't post whereabouts
✓ Limit photos
✓ Tell friends not to tag you

EMAIL:
✓ New email address
✓ Don't access from shared computer
✓ Strong password
✓ Two-factor authentication

GPS/TRACKING:
✓ Check car for GPS tracker
✓ Disable Find My iPhone
✓ Turn off location on photos
✓ Be aware abuser may track

Resources And Support

Help Available

Emergency Hotlines

IMMEDIATE HELP:

🚨 EMERGENCY: 911

📞 NATIONAL DOMESTIC VIOLENCE HOTLINE:
1-800-799-7233 (SAFE)
- 24/7 support
- Crisis intervention
- Safety planning
- Shelter referrals
- All languages
- TTY: 1-800-787-3224
- Online chat: thehotline.org

📞 CHILDHELP NATIONAL CHILD ABUSE HOTLINE:
1-800-422-4453
- 24/7 counselors
- Report abuse
- Get help
- Professional guidance

📞 NATIONAL SUICIDE PREVENTION LIFELINE:
988
- Mental health crisis
- Suicidal thoughts
- Emotional support
- 24/7

📞 RAINN SEXUAL ASSAULT HOTLINE:
1-800-656-4673
- Sexual assault support
- Child sexual abuse
- Resources
- 24/7

ALL FREE AND CONFIDENTIAL

Legal Resources

LEGAL HELP:

LEGAL AID:
- Free legal services
- Income-based eligibility
- Family law attorneys
- Find at: lawhelp.org

DOMESTIC VIOLENCE LEGAL ADVOCATES:
- Free legal help for DV survivors
- At DV shelters
- Protection orders
- Custody assistance

BAR ASSOCIATION REFERRALS:
- Local bar association
- Reduced-fee referrals
- Payment plans
- Pro bono options

LAW SCHOOL CLINICS:
- Free legal clinics
- Supervised by professors
- Family law clinics
- Limited income eligibility

ONLINE RESOURCES:
- WomensLaw.org (state-specific info)
- Nolo.com (legal guides)
- Court websites (forms, procedures)

Mental Health Support

COUNSELING:

CRISIS TEXT LINE:
Text HOME to 741741
- 24/7 crisis support
- Trained counselors
- Free

THERAPY:
BetterHelp: Online therapy
Talkspace: Virtual counseling
Psychology Today: Find therapist
SAMHSA: 1-800-662-4357 (treatment locator)

SUPPORT GROUPS:
- DV survivor groups
- Parenting through divorce
- Trauma recovery
- At shelters, churches, community centers

FOR CHILDREN:
- Child therapists
- School counselors
- Trauma-informed care
- Play therapy

FREE/LOW-COST:
- Community mental health centers
- Sliding scale fees
- Insurance coverage
- Employee assistance programs

Practical Assistance

HELP AVAILABLE:

FINANCIAL:
- Emergency cash assistance
- TANF (Temporary Assistance for Needy Families)
- Food stamps/SNAP
- WIC (Women, Infants, Children)
- Utility assistance
- Housing assistance

CHILDCARE:
- Emergency childcare
- Subsidized care
- Head Start
- After-school programs

HOUSING:
- Emergency shelter
- Transitional housing
- Housing vouchers
- Rental assistance

TRANSPORTATION:
- Bus passes
- Gas vouchers
- Car donation programs

FOOD:
- Food banks
- Community meals
- Churches
- School meals

CLOTHING:
- Donation centers
- Goodwill
- Salvation Army
- Community closets

MEDICAL:
- Free clinics
- Medicaid
- Children's Health Insurance
- Community health centers

Frequently Asked Questions